关于犯罪心理测试结论在诉讼实践中运用的理性思考

Rational Thinking to the Application of Psychological Test Results on Crime in the Litigation Practice

犯罪心理测试在我国又称CPS多道心理测试,其测试结论是否具有诉讼证据资格,在学界尚存在不同观点,而我国目前在立法上,并未赋予其诉讼证据资格。对此,犯罪心理测试结论在诉讼实践中的运用,尚需科学地研究和论证,对于目前在刑事诉讼实践中应用犯罪心理测试技术的状况,我国应当从立法上加以规范;对于在民事诉讼中是否运用这一技术问题,持否定态度,认为在民事诉讼中运用这一技术弊大于利。

Crime psychological test,was also known as CPS multi-channel psychological testing in China.There are still differences of opinion for that whether the test conclusions are qualified with the Evidence in the academic community.However,our government has not give the evidence of their eligibility proceedings in the legislation However,since September 10,1999,＂the Supreme People＇s Procuratorate on CPS multi-channel identification result from a psychological test used as evidence in litigation issues of approval＂ is made,The technology in the litigation practice,in particular of criminal proceedings,is widely used,Not only in criminal proceedings,but also in the case of some processing of civil,criminal psychological test results have also been used to help judge review and determine the evidence.In this regard,the author concluded that the criminal psychological tests used in the litigation practice,still need scientific research and demonstration.For the current status of practical application of psychological testing techniques in criminal proceedings,our country should be regulated in legislation;For the issue of the use of this technology in civil proceedings,this paper takes a negative attitude that the use of this technology in civil proceedings more harm than good.